If a person, while under the influence of intoxicants, drives his automobile at excessive speed, loses control of it, jumps the curb and strikes a pedestrian, injuring him severely, there would be little question, nothing else appearing, that he would be liable to the injured pedestrian in an action for damages. The premises underlying a conclusion of liability in such cases are obvious. It is in the interest of society that injured persons be compensated and rehabilitated; and our conceptions of justice are such that ordinarily it seems fair that the party who was at fault, whose action caused the injury, should pay. It is also in the interest of society that rules of conduct be established so that men may know what actions are permissible and what are not; and so that injuries such as those suffered by our pedestrian may be prevented. These social interests are crystalized and expressed in several ways, but primarily in the law of torts.
Personal Torts within the Family,
9 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol9/iss4/10